Insanity Flashcards

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1
Q

In Va

A

D must have a mental disease

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2
Q

VA recognizes how many tests for insanity?

A

2

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3
Q

M’naghten test

A

1) mental disease
2) unable to know nature and quality of his actions and
3) not know what he was doing was wrong

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4
Q

Volitional test

A

totally deprived of the mental power to control or restrain his act because of mental disease

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5
Q

to use, d must give

A

60 day notice before trial

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6
Q

D must raise as

A

an affirmative defense

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7
Q

also needs

A

expert testimony to prove mental disease and prove disease to satisfaction of jury

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8
Q

if not guilty by reason of insanity,

A

d is placed in custody of commissioner of mental health

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9
Q

is insanity available for juveniles?

A

no

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10
Q

evidence of d’s mental condition at time of offense

A

shall be admitted if it tends to show d did not have the intent for required offense

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11
Q

to bring up d’s mental condition, d must

A

provide notice at least 60 days before CC or 21 days before GDC an JDR

requires disclosure of expert reports

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12
Q

voluntary intoxication

A

not a defense

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13
Q

involuntary intoxication

A

is a defense

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14
Q

voluntary intoxication can negate

A

premediation of 1st degree murder

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15
Q

under 18

A

treated as juveniles

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16
Q

where are those cases heard?

A

jdr court

17
Q

ages 14 and older may be

A

transferred